Quiz
Criminal Litigation SBAs
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Fragen in diesem Quiz (19)
1In a case where the prosecution will be represented by the Crown Prosecution Service, which one of the following is NOT available as a means of commencing proceedings?
- AArrest pursuant to a warrant granted by a magistrate.
- BArrest by a police officer without a warrant.
- CThe laying of an information, followed by the issue of a summons.
- DThe issuing of a written charge and requisition.
2Susie is charged with burglary, which is triable either way. Which ONE of the following statements is correct?
- AShe must be tried in a magistrates’ court.
- BShe must be tried in the Crown Court.
- CShe may be tried in the magistrates’ Court only if she and the magistrates agree to trial in the magistrates’ court.
- DShe may be tried in the Crown Court only if she and the magistrates agree to trial in the Crown Court.
3In which ONE of the following (separate) instances does the accused have a right to elect trial in the Crown Court?
- AThe accused is charged with breaking a window at 47 Acacia Avenue; the cost of repair is £750.
- BHe is charged with breaking a window at 47 Acacia Avenue (the cost of repair is £750) and, two minutes later, a window at 49 Acacia Avenue (the cost of repair is a further £750).
- CHe is charged with vandalising a Mercedes motor car, cost of repair £4,800.
- DHe is charged with shoplifting in a case where the goods are worth £50.
4Albert and Bruce are charged jointly with burglary. At the allocation/mode of trial hearing, the magistrates accept jurisdiction, Albert the consents to summary trial. However, when Bruce is asked where he wants to be tried, he elects Crown Court trial. Which one of the following statements is correct?
- ABecause of the choices they have made, Albert will be tried in a magistrates’ court and Bruce will be tried in the Crown Court.
- BIn light of Bruce’s election of Crown Court trial, the magistrates must revisit the allocation of Albert’s trial and they must send him to the Crown Court for trial.
- CIf Bruce had elected Crown Court trial before Albert consented to summary trial, the magistrates would have been required to send Albert to the Crown Court for trial even if he would have consented to summary trial but, because Albert had already consented to summary trial, it is too late for that decision to be changed when Bruce subsequently elects Crown Court trial.
- DBurglary is triable only on indictment and so the magistrates erred in holding a mode of trial hearing.
5Patricia is charged with theft. The case has been listed for the plea before venue/mode of trial (allocation) hearing to take place. Patricia, who is on bail, fails to attend. Patricia had telephoned her solicitor to say that she didn’t feel well and so wasn’t going to attend, but she gave no details of her illness and there is no medical evidence before the court.
Which ONE of the following options is NOT open to the magistrates’ court?- AAdjourn and issue a bench warrant, not backed for bail, for her arrest.
- BAdjourn and issue a bench warrant, backed for bail, her arrest.
- CAdjourn and have a warning letter sent to her.
- DTry her in her absence.
6Which one of the following best describes the test applied by a magistrates’ court when a submission of no case to answer is made after the close of the prosecution case in a summary trial?
- AThe submission should succeed if the prosecution evidence is insufficient for any reasonable court properly to convict.
- BThe submission should succeed only if the prosecution amounts to an abuse of process.
- CThe submission should succeed if the magistrates are not, at that stage of the trial, satisfied so they are sure of the defendant’s guilt.
- DThe submission should succeed only if the magistrates are satisfied that the defendant is innocent.
7Which one of the following describes most accurately the position as regards closing speeches in a trial in a magistrates’ court?
- AThe defence are always entitled to make a closing speech but the prosecution are never permitted to make a closing speech.
- BThe prosecution may make a closing speech provided that the defendant is legally represented or has introduced evidence other than his own, and any such speech must precede any defence closing speech.
- CBoth the defence and the prosecution are always permitted to make a closing speech.
- DWhere the prosecution make a closing speech, this must be done after the defence have made their closing speech.
8Which one of the following statements about the role of a magistrates’ court legal adviser is NOT correct?
- AHe or she may assist the court by giving legal advice.
- BHe or she may assist the court in reaching findings of fact.
- CHe or she may assist the court in the formulation and recording of its reasons.
- DHe or she may assist an unrepresented defendant.
9Tessa is alleged to have failed to surrender to custody today. She was due in court for a plea before venue hearing on a charge of theft. Tessa did not attend court as her son became very ill overnight and has been in hospital all day. She alerted her solicitors to the situation late this afternoon. She intends to attend court -thereby surrendering to custody tomorrow to explain her non-attendance. She wants to know how the court with deal with the matter. Which ONE of the following is CORRECT?
- AFailing to surrender is not a separate offence but merely confers a power of arrest. Tessa will therefore not be subject to any further punishment but having heard her explanation, the court will reconsider the position on bail.
- BThe fact that Tessa has arguably a reasonable excuse for not attending, provides her with a potential defence.
- CThe burden of establishing that she had does not have a reasonable excuse for not attending is on the prosecution.
- DIf Tessa is found guilty of failing to attend without reasonable excuse, it will be punishable only by way of a fine.
10You represent Jeremy who is charged with theft and awaiting trial in the magistrates’ court. Your solicitors instruct you that there is a potential defence witness who is willing to give evidence. Today you receive notification from the prosecution that they have complied with their disclosure requirements. Which ONE of the following accurately describes the duty you have in relation to disclosure?
- AYou must serve a defence statement within 28 days from today.
- BYou must serve a defence statement within 14 days from today.
- CYou must notify the court and prosecutor that you intend to call at witness at trial other than Jeremy.
- DYou have no duties of disclosure as the matter is being dealt with in the magistrates’ court.
11Selasi is arrested for robbery and is currently being detained at the police station for interview. He is deemed to be mentally vulnerable and needs an appropriate adult present.
Which of the following is NOT the role of the appropriate adult?- ATo observe whether the police are acting properly and fairly.
- BTo offer legal advice.
- CTo intervene if the police are not acting properly and fairly.
- DTo assist with communication between the detained person and the police.
12You represent the prosecution at the magistrates’ court. Your first case is the first appearance of a defendant charged with sexual assault. The defendant has been remanded in custody since arrest and is represented by a solicitor today. No documents have been served on the defendant or his representative and there has been no request for any. What obligations of disclosure do you have this morning?
- AYou must disclose initial details comprising of a summary of the circumstances of the offence; any account given by the accused in interview; any written witness statement available and the defendant’s criminal record.
- BYou need only disclose initial details of the case if the matter is to be heard in the Crown Court.
- CYou need only disclose initial details if the defendant or his representative request them.
- DYou should disclose a summary of the circumstances of the offence and the defendant’s criminal record.
13You represent Karl at a first appearance and are instructed to make a bail application. Karl is charged with manslaughter. You have a list of his previous convictions which include a conviction for rape.
Which ONE of the following statements correctly identifies the position on bail?- AThere is a rebuttable presumption in favour of bail.
- BAs Karl has been previously convicted on an offence, there is no presumption in favour of bail.
- CKarl cannot be granted bail because he has previously been convicted of rape.
- DKarl cannot be granted bail unless there are exceptional circumstances which justify it.
14You prosecute a straightforward road traffic offence of failing to provide driver information. This offence is non-imprisonable. The defendant (an adult) has been summoned to court today but they have not attended. They are not represented. There is no information available as to why they have not attended. They have not attended court in relation to this matter previously. Along with the summons, the defendant was sent all the prosecution witness statements. There has been no contact from the defendant. You request that the case proceed in the absence of the defendant. Which one of the following approaches is CORRECT?
- AThe court need only consider whether proceeding in the absence of the defendant is contrary to the interests of justice.
- BBefore considering whether it would be contrary to the interests of justice to proceed in the absence of the defendant, the court must consider whether the summons was served in adequate time before today’s hearing.
- CIf the court agrees to proceed in absence, you must prove the case by calling oral evidence.
- DAs the defendant has not answered the summons, a guilty plea should be entered on their behalf and the court should proceed to sentence.
15Miriam is charged with criminal damage and attends the Magistrates’ Court for a Plea Before Venue hearing. The estimated value of the damage is £5,200. Following a conference with her barrister, Miriam decides that she wishes to enter a not guilty plea and have a trial in the Magistrates’ Court.
Which one of the following CORRECTLY states the position?- AMiriam can choose to have a summary trial, as the offence of criminal damage is an either-way offence.
- BMiriam will only be able to consent to summary trial if the magistrates’ agree to retain jurisdiction.
- CMiriam will have no choice but to have a summary trial as criminal damage is a summary offence if the damage does not exceed £6,000.
- DMiriam will not be able to choose a summary trial, as the offence must be dealt with in the Crown Court.
16Patsy is facing trial for assault occasioning actual bodily harm (s47 OAPA 1861). The magistrates have heard all the evidence and decided that they are sure Patsy has committed common assault but unsure that she is guilty of the offence charged. What should the magistrates do?
- AThey must acquit Patsy. They do not have to give an explanation for their decision.
- BThey must acquit Patsy but must give sufficient reasons to explain the decision.
- CThey may find Patsy guilty of the lesser offence of common assault. They do not have to give an explanation for their decision.
- DThey may find Patsy guilty of the lesser offence of common assault. They must give sufficient reasons to explain the decision.
17You represent the defendant in a magistrates’ court trial. The prosecution have finished calling all of the evidence upon which they rely. You take the view that the evidence has been poor and the witnesses have not come up to proof. You decide to make a submission of no case to answer. The magistrates hear the submission and reject it, stating they do not need to hear from the prosecution advocate. They give no reasons for rejecting your submission.
Which one of the following states the CORRECT position?- AThe magistrates acted appropriately.
- BThe magistrates should have given reasons for rejecting your submission.
- CThe magistrates should have invited the prosecutor to address them on the submission.
- DThe magistrates should have given reasons for rejecting your submission and should have invited the prosecutor to address them on your submission prior to rejecting it.
18You represent the prosecution at the magistrates’ court. The case involves two defendants, charged jointly with burglary. Both defendants intend to enter not guilty pleas today. You are instructed to make submissions that the case is not suitable for summary trial. One of the defendants wishes to elect Crown Court trial. The other defendant wishes to remain in the magistrates’ court. The magistrates form the view that the matter is suitable for summary trial. Which approach should the court take?
- AThe case will remain in the Magistrates’ Court for trial because the court has agreed to retain jurisdiction.
- BThe case will be sent to the Crown Court for trial because one defendant has elected Crown Court trial.
- CAs the defendants have elected different venues, there will be two separate trials: one in the Crown Court and one in the Magistrates’ Court.
- DThe case must be sent to the Crown Court for trial if the prosecution have made submissions that it is not suitable for summary trial.
19On 01/11/16 Reggie, DOB 07/01/97, pleaded guilty in the Crown Court to supplying Ecstasy in a nightclub on 30/09/15. He has convictions in 2012 for being concerned in the supply of crack cocaine and in 2013 for possession of heroin with intent to supply. Ecstasy, cocaine and heroin are all Class A drugs. All of the above are drug trafficking offences.
Which of the following statements is true?- ABecause Reggie is under 21 the court must impose a sentence most likely, in its view, to lead to his successful rehabilitation.
- BBecause this is a third conviction in respect of a Class A drug trafficking offence no credit can be given for Reggie's guilty plea.
- CThe court must sentence to a minimum of 7 years' detention in a Young Offenders Institute (subject to any discount for his guilty plea) unless it would be unjust to do so.
- DThe court must sentence to a minimum of 3 years' detention in a Young Offenders Institute (subject to any discount for his guilty plea) unless it would be unjust to do so.
Informationen
- Beschreibung
- BPTC (Criminal Litigation) Quiz am Criminal Litigation SBAs, erstellt von Ravi Jackson am 30/11/2016.
- Autor
- Ravi Jackson
- Sprache
- English
- Aufrufe
- 4
- Schlagwörter
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